Development provisions and development boundary

Since the publication of the DaSA in October 2018, an important appeal decision has been issued on 23rd November 2018 in relation to an outline planning application number RR/2016/3206/P for residential development on land outside but adjoining the Bexhill Development Boundary on the southern side of Barnhorn Road and west of Ashridge Court Care Centre (Appeal Ref. no. APP/01430/W/17/3191063). It is noted that sites granted planning permission beyond the base date of the DaSA are included as housing allocations (e.g. RR/2017/2081/P - Policy BEX1 - page 117 of the DaSA) and so the land the subject of RR/2016/3206/P should also now be included as a housing site and the Development Boundary on the western side of Bexhill shown on Inset Map 1a should be extended to include the site as a proposed Main Modification to the Plan (see attached: www.rother.gov.uk/CHttpHandler.ashx?id=31136).

Paragraphs 9.18 and 9.19 should also be modified to reflect the appeal decision.

Since the adoption of the Core Strategy, there have been 1,324 completions in the District. In addition, a further Paragraphs 9.15 to 9.20 of the DASA refer specifically to the settlement boundary around Bexhill, where it is emphasised that this is drawn tightly around existing development within the built up area. The development boundary as proposed therefore excludes the site.

Whilst this would be acceptable if RDC were not looking to allow for further growth in Bexhill, it is clear from both the Core Strategy and the DASA that Bexhill is the focus for growth over the plan period. Therefore, it is necessary for the development boundary to be amended to include additional sites which are considered suitable for development, and deliverable in the short term. The site should be included within the development boundary.

REPRESENTATIONS TO THE PROPOSED SUBMISSION ROTHER DISTRICT DEVELOPMENT AND SITE ALLOCATIONS LOCAL PLAN (OCTOBER 2018) REGULATION 19 CONSULTATION
LAND AT CLAVERING WALK, COODEN, BEXHILL ON SEA.

Please accept this letter as a formal representation to the current consultation on the Proposed Submission Development and Site Allocations Local Plan (DASA) Regulation 19 Consultation which closes on 7 December 2018.

Once adopted the DASA will form part of the Development Plan alongside the Core Strategy which was adopted in 2014.

This representation is accompanied by the requisite response form, a Site Location Plan and an Illustrative Masterplan demonstrating how the site could be developed.
Policy Position Owing to the stage of the DASA (Proposed Submission) these representations address whether the plan can be considered sound at Examination. The test of soundness are set out in the National Planning Policy Framework (NPPF) both in the original March 2012 version and updated July 2018 version (para 35). These are:

"a) Positively prepared - providing a strategy which, as a minimum, seeks to meet the area's objectively assessed needs; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development;

b) Justified - an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;

c) Effective - deliverable over the plan period, and based on effective joint working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground; and

d) Consistent with national policy - enabling the delivery of sustainable development in accordance with the policies in this Framework."
RDC has suggested that the DASA will be submitted for Examination to the Secretary of State in January 2019. It is anticipated that the DASA will be submitted for Examination before the 24th January 2019 which is the cut-off date for plans to be examined against the NPPF (2012), in accordance with the transitional arrangements set out in Annex one of the NPPF (2018).
It is however, also important for the DASA to be consistent with the NPPF (2018) as it will be applicable for the determination of planning applications, alongside the DASA and the Core Strategy, once the DASA is adopted. Consequently these representations focus on the policies contained in the NPPF (2012) but may refer to the NPPF (2018) where relevant.

Background

This representation is prepared in respect of the development proposals for land to the north of Clavering Walk, Cooden (the site). The site measures 8.13 hectares in size and is currently located outside of the defined settlement limits of Cooden, Bexhill.

The site is subject to no nature, landscape or heritage designations. This is particularly relevant as the DASA recognises that the landscape around Bexhill is attractive and comprises many designated landscapes. Whilst the site as a whole is located in Flood Zones 1, 2 and 3, the proposed development of the site will be delivered solely within land that falls within Flood Zone 1, as per the accompanying
2 Illustrative Masterplan. It is relevant that an outline planning application, with all matters reserved except for means of access, was recently submitted for the development of the site to provide up to 99 new homes. This application demonstrates that the proposed quantum of development, which will include the delivery of much needed affordable homes, can be achieved on the site without detriment to the character of the surrounding area, the amenity of existing residents or any surrounding designations. It also demonstrates that the site can deliver ecological and biological benefits as well as providing significant areas of public open space which would benefit the local community.

The site is adjacent to Bexhill on Sea, which is the largest, most sustainable settlement in the District. As set out in paragraph 9.1 of the DASA, Bexhill is "by far the largest settlement in Rother district, with a population of some 44,395 people (ESCC 2016), equivalent to some 48% of that of the district as a whole".
The Core Strategy recognises this, with policy OSS1 and associated Figure 8 identifying that of the 5,700 new homes to be delivered over the Core Strategy period, 3,100 of these, or 54%, are to be provided in Bexhill. In addition to this, 60,00sqm of commercial floor space is also to be accommodated in Bexhill. In this regard, the DASA at paragraph 9.6 identifies that Bexhill is "the focus for development within the District".

Evidently, RDC anticipates considerable growth within and around the wider area of Bexhill to ensure that the growing community can benefit from the service and facilities that this sustainable location offers.

The Core Strategy does not allocate any sites for development, it simply provides the overarching strategic policies for the District, sets the minimum housing and employment development targets and apportions the housing and employment development targets across the towns and villages within the District.
The purpose of the DASA is to provide detailed policies to supplement the strategic policies contained in the Core Strategy and to allocated sites to ensure that the housing end economic development requirements set in the Core Strategy are met over the plan period.

Representations on the DASA

Housing Provision

The Core Strategy sets out a minimum requirement for 5,700 new homes to be delivered over the Plan Period, of which 3,100 are to be delivered in Bexhill.
Since the adoption of the Core Strategy, there have been 1,324 completions in the District. In addition, a further 2,469 homes benefit from extant planning permission. Subsequently, there is a residual requirement for 1,637 new dwellings against the Core Strategy minimum target which needs to be allocated through the DASA.

The DASA allocates land for 1,381 new homes, excluding allocated sites which already benefit from a planning permission.

The allocation of land for only 1,381 new homes falls 526 dwellings short of the minimum Core Strategy requirement. It is RDC's case that 270 new homes should accounted for through the windfall and exception site allowance, this still leaves a shortfall of 256 new homes against the minimum Core Strategy requirement.
In light of this, it is clear that RDC is failing to deliver the minimum Core Strategy housing requirement, even allowing for windfall and exception sites and therefore the DASA fails to meet the tests of soundness within the NPPF, even with a windfall allowance. Consequently, the Proposed Submission DASA is not positively prepared as it is not effective in meeting minimum identified housing requirement
3 of the District; and it is not consistent with national policy, notably the requirement to significantly boost housing supply.

Whilst RDC anticipates that some additional sites will come forward through Neighbourhood Plans, there is nothing in the NPPF or National Planning Practice Guidance (PPG) that prevents sites from being allocated by a Local Authority in a Neighbourhood Plan Area, or that prevents additional sites being allocated in the wider District to ensure that supply is met, notwithstanding any forthcoming Neighbourhood Plans. This is particularly relevant in the context of the Core Strategy housing target which the Inspector Examining the Core Strategy stressed was a minimum requirement.

In this regard, there is no guarantee that any of the identified emerging Neighbourhood Plans or Neighbourhood Plan Areas will come forward quickly, or allocate sufficient sites to meet the minimum housing requirement of the Core Strategy. Therefore, RDC should be looking to ensure that sufficient sites are allocated through the DASA, in accessible, sustainable locations, in order to meet the District's identified housing needs, with sufficient flexibility to allow for the inevitable non-delivery or under-delivery of some allocations.

In order for the DASA to be positively prepared and compliant with National Policy, it is requested that RDC allocates the site for a residential development of a minimum of 99 homes. The recent submission of a planning application for the site demonstrates that the site is available, suitable and deliverable. It is also located in Bexhill where the Core Strategy identifies a significant amount of the District's housing requirement should be delivered and therefore it is an ideal site for RDC to allocate through the DASA.

The allocation of the site through the DASA would assist RDC in ensuring that the minimum Core Strategy housing requirement is met and will help to provide much needed flexibility within the plan to ensure that the District's housing needs will continue to be met over the plan period.

Furthermore, allocation of the site would provide a degree of certainty that the site will be developed, as Bellway has an option over the land relating to the pending planning application. Bellway does not land bank its sites and is committed to delivering new homes in this location quickly and to a very high standard. This is assisted by the fact that the site is free from any heritage, nature or landscape designation, particularly given that Rother is a highly constrained District.

Bexhill Development Boundary and the Proposals Map

Paragraphs 9.15 to 9.20 of the DASA refer specifically to the settlement boundary around Bexhill, where it is emphasised that this is drawn tightly around existing development within the built up area. The development boundary as proposed therefore excludes the site.

Whilst this would be acceptable if RDC were not looking to allow for further growth in Bexhill, it is clear from both the Core Strategy and the DASA that Bexhill, as the major settlement in the district, is the focus for growth over the plan period. Therefore, it is necessary for the development boundary to be amended to include additional sites which are considered suitable for development, and deliverable in the short term.

The site meets these criteria. Bellway is committed to delivering 99 new homes on this site within a short period of time. The following table demonstrates the anticipated delivery timescales for the site:

(Table included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31143)

Discharge of pre-commencement conditions and completion of legal agreements
December 2019 Commencement on site February 2020 Delivery of first units
July 2020 Evidently, the site can deliver much needed new homes within the early part of the DASA plan period, contributing towards early housing supply and providing certainty to RDC that its housing needs can begin to be met early in the plan period.

To this end, it is requested that the Proposals Map is amended to include the site within the development boundary of Bexhill and the text within paragraphs 9.15 to 9.20 is appropriately amended to reflect this.

Summary

This representation has demonstrated that there is a necessity for RDC to allocated additional sites for housing development over the plan period, through the DASA. As drafted, the DASA plans for a shortfall of at least 256 homes against the Core Strategy minimum residual requirement. If the windfall and exception site allowance are removed from the calculations, then this shortfall is even greater at 526 dwellings. These representations contest that to plan for such a shortfall demonstrates that the plan is not positively prepared or consistent with National Planning Policy. Consequently, there is a clear requirement for RDC to allocate additional sites for residential development through the DASA.

The site represents an ideal opportunity to provide an additional residential allocation in Bexhill, which is identified as the key areas for growth in the District through the Core Strategy, on a site that is available, deliverable and suitable, as evidenced by the recent submission of a planning application. It is therefore requested that the site is allocated for development of up to 99 residential units through the DASA, and the settlement boundary for Bexhill is revised to include the site.

illustrative maps included:

www.rother.gov.uk/CHttpHandler.ashx?id=31139
www.rother.gov.uk/CHttpHandler.ashx?id=31140

Land at Sandhurst Lane, Bexhill on Sea, called Pond Field - This land should be included for residential development

A map was included as part of the submission and can be found here: http://www.rother.gov.uk/CHttpHandler.ashx?id=31119

National Policy Context and Housing requirements.
Paragraph 119 of the NPPF 2018 states that 'Local planning authorities, and other plan making bodies, should take a proactive role in identifying and helping to bring forward land that may be suitable for meeting development needs' This requirement follows from the NPPF 2012 which sought to maximise development potential.
The most recent 5 year housing land supply position for Rother (set out by the Local Plan Annual Monitoring Report April 2018) states that RDC have a land supply of 3.44 years in place. The Council accepts that the under-delivery against housing requirements amounts to a 'persistent under-delivery of housing' hence, a 20% buffer should and in line with paragraph 47 of the NPPF 2012 has been applied to the Council's requirement.
Local Housing Needs
The Council consider that through the implementation of sites now approved and allocated within the DaSA Plan the trajectory for development will ensure that future completions will supplement the persistent under delivery when sites come forward. However, this takes no account of external changes to demographics or policies in the future and whilst there is now the necessity to review a Local Plan every five years it is forwarded that the site should be included within the current Plan submission.
The last full assessment of housing requirements is set out in the Hastings and Rother Strategic Housing Market Assessment: Housing Needs Assessment dated June 2013. This informed the subsequent Core Strategy Local Plan requirement to deliver 'at least 5, 700 new homes' over the 17 year plan period.
We argue that given that as the figures adopted originally by Rother within the Core Strategy Local Plan for housing provision were (and still are) expressed as an "at least' number, it is incumbent on the authorities to be proactive in seeking to identify opportunities for additional housing development and this should remain the case for Rother.
To further emphasize the need for greater provision we are also aware that the Council's Local Plan Monitoring Report April 2018 confirms that they have not met their annual housing supply requirements and therefore have taken account that significant weight be attributed to the benefits of new housing.
In setting out the reasoning for the housing provision in forthcoming years Paragraph 2.36 of
the Monitoring Report April 2018 confirms that 'Therefore, the Council resolved that pending the DaSA Local Plan and Neighbourhood Plans, sites that accord with the Core Strategy's overall development strategy and are suitable, deliverable and otherwise contribute to sustainable development, including circumstances where they are not within a development boundary, be considered favourabl '(Our emphasis) As such we welcome that this admission that housing sites that come forward should continue to be viewed favourably is acknowledged within the reasoning behind the 'Overview' Policy which refers to housing targets and provision - Policy OVE1: Housing supply and delivery pending plans.
'In view of the fact that the annualised housing requirement has not been achieved to date and that housing delivery is likely to not "catch up" on present projections, it is considered appropriate to not only have a margin of over-provision, particularly in Bexhill where there is a high reliance on a strategic site, but also to avoid unduly deferring the identification of suitable sites and to ensure that planning permissions continue to come forward in a timely manner.'
The pre-amble confirms that the historic under-provision is noted and that other sites brought forward should also be considered favourably subject to complying with other Policies. With regard to housing in settlements the secondary element of Policy OVE1 states that:-
.... planning applications will be favourably considered for development proposals in those settlements where:
(i) they contribute to meeting the housing target for that settlement and accord with the relevant spatial strategy; and
(ii) the site and development proposals are otherwise suitable having regard to other
relevant policies of the Core Strategy, including the considerations in OSS2 and OSS3, and of this Plan.
We assert that the land at Sandhurst Lane as shown in this documentation would comply with the principles outlined within emerging Policy OVE1 and would offer an opportunity to assist in exceed the provision requirements of the current Plan submission following the documented under provision of recent years.